Pre-Legislative Consultation: An Overview

In a democratic country like India, public participation in legislation enactment process is vital. Direct public consultation democratizes exposure to the principles and rights guaranteed by the Constitution of India. Several enactments have resulted in public retaliation where no consultation was sought from the public. Laws are enacted for the welfare of citizens and the dynamic approach of law seeks to eliminate the hindrances and calls for accountability and efficacy of the law so...

Unilateral Appointment And Section 12(5) Of Arbitration And Conciliation Act, 1996

Despite having landmark judgements and amendments, unilateral appointments have been perplexing the courts in India. The question remains whether unilateral appointments are void ab into, whether all unilateral appointments have to be tested with schedule seven and what is the extent of waiver of rights under section 12 Act. Although the Apex court has laid clear precedent in the Perkin Eastman and TRF case that all unilateral appointments attack the root of arbitration hence are invalid....

Mapping Ai-Arbitration Landscape: Exploring Blockchain Based Arbitration Models Through A Legal Lens

In today's time, blockchain technology stands to be extremely revolutionary in every aspect of life. Its decentralized structure, immutable record keeping and operation on a peer-to-peer computer network, makes it a transparent and trustworthy asset.i This technology finds its place in smart contracts which simply connote contracts that are self-executing based on performance of certain actions already fed via code.ii Smart contracts when run over blockchain technology conceptualize...

Can A Complaint Be Amended In 138 Case(s)?

Baring police cases, all cases in India start and depend upon the written instruments. In civil cases, plaintiffs begin their cases with filing requisite plaints, whereas in private criminal cases, complaint in writing marks the initiation of the cases. Ergo, it is inevitable that the drafting of cases become paramount importance as the fate of the cases are based upon such written instruments, and the real factual scenario takes a back seat and often go out of the picture and everything...

Reviewing The Role Of An Advisory Board Under Preventive Detention Law

Recently, a three-judge Bench of the Supreme Court in Nenavath Bujji v. State of Telangana,[1] explained the 'proactive role' that an Advisory Board is expected to play while reviewing preventive detention orders. The Court explained that the Board should not only analyse the subjective satisfaction of the detaining authority but also check whether the “… detention is against the spirit of the Act or in contravention of the law as laid down by the courts”. The procedure adopted before...

Two Finger Test: A Bain To Women's Dignity

“The use of the two-finger test or the Per-Vaginum examination has no scientific base and is an affront to a woman's dignity.” In May 2013, the use of the two-finger test was declared unconstitutional by the apex court. Further, in March 2014, the Ministry of Health and Family Welfare issued guidelines for the medico-legal care of sexual violence victims/survivors which banned the two-finger test as the size of vaginal introitus has no relevancy in a case of sexual violence. The...

No Fear As It Is All Numbers - Generally 1 Out 3 Candidates Pass The Advocates-On-Record Examination

Drawing an analogy, from the one who has failed in an examination after properly preparing and attempting it, should not be regarded as having no tales to tell and guide, I say it with conviction, even after securing second (2nd) rank in the Advocates-on-Record Examination in the year 2023, that similarly, the experience of a topper should not be taken to be the linear success curve for the potential candidates to follow their path to the success; in essence, neither the failure is a fool, nor...

Powers Of The DRT To Condone Delays In Filing Applications Under Section 17; A Question Put To Bed?

Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ['SARFAESI Act' or 'the Act'] provides for the borrower of a secured loan a remedy to challenge any action taken by a creditor against his property by filing a Securitisation Application ['SA']. The provision prescribes a limitation period of 45 days for filing an SA before the Debt Recovery Tribunal ['DRT'] from the date on which such a measure, as contemplated under ...

Should We Leave Ensuring Fundamental Right To Mere Faith?

The verdict of the Supreme Court in Writ Petition (Civil) No. 434 OF 2023, Association of Democratic Rights v. Election Commission of India, raises more questions than it answers, especially regarding the technological operation of the Electoral Voting machines. It is very heartening that the Court has reiterated that it is the fundamental right of voters to ensure that their vote is accurately recorded and counted. But how far has the court gone to ensure the above?Software not...

Revisional Jurisdiction Of Criminal Courts: Constricted?

Many a time, criminal courts pronounce orders which may have a patent defect or any error of law. In such a scenario, an aggrieved party looks for answers to such orders and this is why, the legislature in its wisdom, has prescribed a remedy to set right a defective order in the form of revision, under the Code of Criminal Procedure, 1973 (CrPC, hereinafter). The revisional jurisdiction of the criminal courts is a very narrow one and cannot be exercised casually or routinely. It cannot be...

Victim: The Conundrum Over Definition

Criminal justice systems around the globe exist to safeguard the interest of society as a whole where states act Parens Patriae. In our country the criminal justice system criminal justice system often focuses on the accused's rights and procedural formalities surrounding the linchpins of criminal justice systems viz the Court and investigating agencies so much so that the needs of victims, whose stake too is of great consequence, get shaded.Who is a Victim.Declaration of Basic Principles of...

Standard For Independence Of Independent Directors; A Lesson From Delaware

Tesla and Elon Musk found themselves in a legal battle with their shareholders in 2018 with regards to Elon Musk's pay package worth USD 56 Billion, which according to some of the shareholders was unfair. Finally, the decision was rendered in January 2024 where the Court of Chancery of the State of Delaware, a court which holds a reputation for fairness, experience, and expertise in presiding over corporate disputes, held that the process leading to the approval of Musk's compensation plan was...